of a particular state, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state,Process sued in any court of the U. States, or of a particular state, against a foreign minister, void; and authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, construction and purposes whatsoever.[1]
Persons suing the same, how punished:Sec. 26. And be it [further] enacted, That in case any person or person shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violaters of the laws of nations, and disturbers of the public repose, and imprisoned not exceeding three years, and fined at the discretion of the court.
Exception as to debts contracted prior to entering into the service of ambassador, &c.Sec. 27. Provided nevertheless, That no citizen or inhabitant of the United States, who shall have contracted debts prior to his entering into the service of any ambassador or other public minister, which debts shall be still due and unpaid, shall have, take or receive any benefit of this act; nor shall any person be proceeded against by virtue of this act, for having arrested or sued any other domestic servant of any ambassador or other public minister, unless the name of such servant be first registered in the office of the Secretary of State, and by such secretary transmitted to the marshal of the district in which Congress shall reside, who shall upon receipt thereof affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward.
Violation of a safe conduct, or to the person of a public minister, how punished.Sec. 28. And be it [further] enacted, That if any person shall violate any safe-conduct or passport duly obtained and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court.
In cases of treason, prisoner shall have copy of indictment, list of the jury and witnesses, &c.In other capital cases, copy of indictment and list of the jury; also to be allowed counsel.Sec. 29. And be it [further] enacted, That any person who shall be accused and indicted of treason, shall have a copy of the indictment, and a list of the jury and witnesses, to be produced on the trial for proving the said indictment, mentioning the names and places of abode of such witnesses and jurors, delivered unto him at least three entire days before he shall be tried for the same; and in other capital offences, shall have such copy of the indictment and list of the jury two entire days at least before the trial: And that every person so accused and indicted for any of the crimes aforesaid, shall also be allowed and admitted to make his full defence by counsel learned in the law; and the court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorized and required immediately upon his request to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free access at all seasonable hours; and every such person or persons accused or in-
- ↑ The decisions of the courts of the United States upon the provisions of the sections of this statute, relative to process against foreign ministers and officers, for the violation of their immunities, have been: The United States v. Hand, 2 Wash. C. C. R. 435. United States v. William Liddle, 2 Wash. C. C. R. 205. Ex parte Cabrera, 1 Wash. C. C. R. 232.
An indictment under the 27th section of the act of 1790, for infracting the laws of nations by offering violence to the person of a foreign minister, is not a case affecting ambassadors, other public ministers, and consuls, within the first clause of the 2d section of the 3d article of the constitution of the United States. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394.
If a foreign minister commits the first assault, he forfeits his immunity, so far as to excuse the defendant for returning it. Ibid.
It is no defence upon such indictment, that the defendant was ignorant of the public character of the minister. Ibid. See also United States v. Benner, Balwin’s C. C. R. 240.
